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Z-11-01-13-9B1 - 1/13/2011ORDINANCE NO. a.� 1l'1%k 1;""' q& 1 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132 (b)(1), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 6.22 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 87. WHEREAS, the City of Round Rock, Texas has recently annexed 6.22 acres of land, out of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 15th day of December, 2010, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 87, and WHEREAS, on the 13th day of January, 2011, after proper notification, the City Council held a public hearing on the proposed original zoning, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 46-92 and Section 46-132, Code of Ordinances (2010 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: O:\wdox\SCC Ints\0112\ 1104 \MUNICIPAL \ 00210575.DOC/rmc Original Zoning Ordinance 6/06 I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 87 meets the following goals and objectives: (1) The development in PUD No. 87 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 87 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 87 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 87 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 87 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 46-132(b)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A", attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 87, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 87 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 2 C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this leL day of Alternative 2. 2011. , 2011. READ and APPROVED on first reading this the day of READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2011. SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 3 Exhibit A II CRICHTON AND ASSOCIATES LAND SURVEYORS 6448 HIGHWAY 290 EAST SUITE B-105 AUSTIN, TEXAS 78723 512-244-3395 FIELD NOTES FIELD NOTES FOR A 6.2159 ACRES TRACT OUT OF THE WILLIS DONAHO SURVEY ABSTRACT NO.173 IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME TRACT CONVEYED IN DOCUMENT NO. 2001029443, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS. SMD TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Beginning at a 1/2" pin found on the West line of Lot 1, Block L of the Amending Plat of Lots 1, 3, 4, & 7, Block L, Estates at Settlers Park Section 3 Records of Williamson County, Texas also being the Northeast corner of an 8.21 acre tract conveyed to Julie and Kerry B. Morris in Document No. 2000031344, Official Public Records of Williamson County, Texas for the Southeast corner of this tract and the POINT OF BEGINNING. THENCE N 88° 55' 33" W with the North line of said 8.21 acre tract also being the South line of this tract passing the Northern terminus of Rocking J Road, as dedicated in Vol. 1473, Pg. 114, Official Records of Williamson County, Texas, and continuing with the North line of a 5.26 acre tract conveyed to Guerrero Maverick LLC, in Document No. 2006040124, Official Public Records, Williamson County, Texas, for a total distance of 1103.42 feet to a 1/2" pin found on the East line of Lot 1, Block E, of Settlers Overlook Section 2, a subdivision of record in Cab. AA, SI. 122, Plat Records, Williamson County, Texas. Said iron pin being the Northwest corner of the said Guerrero Maverick LLC tract and the Southwest corner of this tract. THENCE N 11° 06' 21" W with the East line of said Lot 1, Block E, also being the West line of this tract 245.76 feet to a 1/2" pin found for the Northwest comer of this tract. THENCE S 88° 54' 40" E with the South line of said Settlers Overlook Section 2, also being the North line of this tract 1152.84 feet to a 1/2" pin found on the West line of said Lot 1, Block L, of the Amending Plat of Lots 1, 3, 4, & 7, Block L, Estates at Settlers Park Section 3, for the Northeast comer of this tract and the Southeast corner of Lot 36, Block E of said Settlers Overlook Section 2. THENCE S 00° 28' 55" W with the West line of said Lot 1, Block L, also being the East line of this tract 239.88 feet to the POINT OF BEGINNING and containing 6.2159 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground, under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal this the 28th day of March, 1997. Updated August 17, 2010 Merman Crichton, R.P.L.S. 4046 EXHIBIT DEVELOPMENT PLAN ROCKING J BUSINESS PARK & TURNING FORKS EVENTS CENTER PLANNED UNIT DEVELOPMENT NO. 87 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Tom Pitt Family Investments, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 6.22 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, the Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, pursuant to Section 46-106 of the Round Rock City Code, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on December 15, 2010, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: 1 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II.13 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.9, Code of Ordinances, City of Round Rock, Texas, 2010, as amended. 4. MISCELLANEOUS PROVISIONS 4.1.Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2.Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3.Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Round Rock City Code, as amended, hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 6.22 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4 . APPLICABILITY OF CITY ORDINANCES 4.1.Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by the Light Industrial (LI) or the General Commercial - Limited (C -1a) zoning district, as applicable and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2.Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 6. PERMITTED USES The following uses are permitted, as referenced on Exhibit "A". Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. 6.1. Parcel A (1.90 acres) (1) All uses allowed in the LI (Light Industrial) district. 6.2. Parcel B (4.32 acres) (1) Entertainment -oriented services: private special events venue with typical uses including, but not limited to: weddings, private parties, family reunions, school and church events, farmers market); (2) Caretaker residence; (3) Offices; (4) Place of Worship; (5) Accessory uses. 7. PROHIBITED USES 7.1. The following uses are prohibited. Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. (1) Pool halls, dance halls, flea markets 8. DEVELOPMENT STANDARDS 8.1. Signs (1) One (1) sign shall be permitted. Sign shall meet the following criteria: (a) The sign must be a monument sign, and constructed of stone, brick or other maintenance -free material. (b) Sign shall not exceed 100 square feet of total sign area. (c) The sign must primarily identify the business center on the 4 Property. (d) The sign may list the name of major business uses, provided that the letter size of these listings does not exceed 50 percent of the letter size of the area designation. (e) The sign may contain only the name of the area to be identified and a secondary list of major businesses. The sign shall not list tenants within buildings nor shall it contain any other form of advertising. (f) The design and construction of such signs must ensure compatibility with surrounding development. (g) The location of such signs must not restrict visibility at intersections. (h) Lighting is restricted to ground lighting only. (i) The Development Services Manager may permit the location of area identification signs on private property or on public property if the applicant obtains a license agreement from the City Council to utilize public right-of-way for this purpose. Where such license agreement is required, the Development Services Manager may conditionally approve such a sign location upon the approval of a license agreement by the City Council. Such conditional approval is null and void if a license agreement is not approved by the City Council within 60 days of the Development Services Manager's approval. Such conditional approval is not a commitment that the City Council will approve such license agreement. 8.2. Building Setbacks, Height and Exterior Finish (1) Parcel B (a) Existing buildings ("A", "B" and "C") as indicated on Exhibit "B", and any additions to these buildings, shall not be subject to the building setback requirements of the C -la (General Commercial - Limited) zoning district; Any new buildings on the site shall comply with the building setback requirement of the C -la (General Commercial - Limited) zoning district, as amended, with the exception of the caretakers residence, which shall have a setback of 20 feet from any property line; (b) Maximum height of principle buildings shall be two (2) stories; 5 (c) The exterior finish of existing buildings "A" and "B", as indicated on Exhibit "B", shall be a minimum of 50% stone or stucco, except for doors, windows and trim; The exterior finish of all other buildings shall be a minimum of 85% stone or stucco, except for doors, windows and trim. (d) Buildings shall not be subject to the orientation and architectural offset requirements of the Code, Section 46-142 (d)(4) and (6). 8.3. Wall and Landscape Buffer (1) Parcel B (a) A wall and a landscape buffer shall be installed and maintained along the northern property line, adjacent to the SF -2 (Single Family - Standard Lot) zoned property, as indicated on Exhibit (i) Wall shall be constructed of stone or brick with a cast -in-place structural footing. (ii) Wall height shall have a minimum height of six feet (6') and shall have a finished face on all sides. (iii) Construction details and/ or shop drawings for all walls must be included in the site development permit set. All construction details and shop drawings must be sealed by a civil engineer, structural engineer, landscape architect or architect. (iv) The existing fence along the northern property line, as indicated on Exhibit "B", shall be maintained. (b) The landscape buffer shall be based on the linear footage that extents along the length of the property line. The minimum quantity of landscaping shall be determined by the following requirements: (i) One large tree per 50 linear feet. One hundred percent of selected material shall be of an evergreen species (ii) One medium size tree per 30 linear feet. One hundred percent of selected material shall be of an evergreen species (iii) The distance between trees planted shall be no more than the 6 distance specified in this Section. Where a particular site opportunity exists, or where there is an unusual construction or site circumstance, the trees may be grouped in a manner that may not strictly comply with the terms of this section. In such cases, the tree grouping must provide an effective screening of the non-residential use, as determined by the City. 8.4. Off-street parking - Parcel "B" (1) The minimum off-street parking requirement for Parcel "B" shall be 70 spaces. The businesses on Parcel "B" have different hours of operation from those on Parcel "A" and therefore the Parcel "B" uses may share the parking spaces located on Parcel "A". (2) Parking area landscaping, as described in the Code, Section 46-195 (c) shall not apply. 9. TRANSPORTATION 9.1. The Transportation Services Director has waived the requirement for a Traffic Impact Assessment. 10. GENERAL PLAN 2010 This Development Plan amends the Round Rock General Plan 2010, which was adopted on July 22, 2010. 11. DEVELOPMENT PROCESS This Plan serves as the Concept Plan required by the Code and approval of this Plan substitutes as a Concept Plan approval. Utility, drainage and other infrastructure information required by the Code are not approved with the approval of this Plan. Subsequent review and approval by the City of this infrastructure information shall be necessary. As required by City Code, the Owner shall be required to complete the remaining steps in the City's development process. This may include subdivision platting and site plan review. The subdivision platting process includes a Preliminary Plat and a Final Plat. A site development plan must be approved. No site development plan approval on the Property shall be granted until a Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Review Committee. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, 7 telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. This requirement shall not apply to existing overhead lines. 13. CHANGES TO DEVELOPMENT PLAN 13.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 13.2. Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application. LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" PUD Parcels, Buildings and Landscape Features 8 • fr EXHIBIT CRICIrrot'2 AND ASSOC(A • 541 1tJ1t Y s- . � . •iQ7Zft7R'I}j'L• �fA113%6s':^P ROUND RPCIVElSAS 781164 '.4....,512,7244;4395 •• .z Fnmo NOM FIELD NOTES FOR A 6.2217 ACRES T1tAC r OUT OFTT E W17.11S DORAiNO SURVEY ARSTRACTNO.173 IN WILIIAMSON COUNTY. 't' TEXAS AND WINO THE SAME' TRACT CONVEYED IN VOLUME 1473 FACIE106 OFFICIAL RECORDS OF Wf,UAMSON RUNTY =At SATOT tAC7') OMOREPA3CIICULA1tLYDESCEMED BY MEW AND SOUNDS As FOLLOWS` ci 4 Beennktg at tt 1!2' pin fbtmd on the West Site of a trot wi fed to E. Mph= (a Volume 296 Asp 373 Med Remit te VillItaamwtt Conary. Teaya alto betas tke Northeast corner of a 19.65 acct trace 000arryod to Amid team et. uta. In Vakim 1613 Page 615 Of6dsi Record* at WIelanaron County, Teas for aha 8oathaat corner of thk tract and the ICINY'OF 13821NN No. 11ENCE N sr 54' 44' W *iib the North line auk! 19.65 acre met etas MITI• the South line of fhb pmpsaihag a 5d bars a L136 rete tract shown as i save and eoep tt tract fa Volam 1613 pito QS Official Ren olds of ninon Canrty,'Tixi,1103.60 Feet to a 112" plc found on the Eau line of a 9&158 ata tier mntai ye d t . DWatd to Warne 1390 page 799 Mid Records of Wtilitaasaa Clromy. Teas Tisa bring the Northwest tomer of said 29.5 acre *act forth. Southwest corner of this Una. c. " ' "+"izS"3, ''HENCE 1111.06' 21' W with the Lsat Nae of 76,IS6 acre tractTho betitg the West llrtc of this tract 243.76 let to s 112' pin found for an Interior <0 eornetok cid 7&153 aero tract nod ]he Northwest comer at thin tier. • •,,, iRENC$S88'54'40'Ewith the South Una ofsaid 78.15tt,a ptractshobeingtheNorth&foeoCthis nut )15199 feet to s 1/17 phi fatted on the Watt Una of said /tiphen tract for the Northeast corner of this • taut and tbt$ottkearst Corner of uld 78138 sauce t�rau. THEN033 09' 29'09' W with the Wert tine of aid Irrphen Tract also beton rho !sot nue of this eruct 440.19 feet to cite FOLIC OF 8SO31NNINO and containing 62217 acres more or lac mootrom 1 hereby oerrHy that the foregoing Reid aotestimre pregsted from a stnrey an the ground, ender my supervision and are true and coma to the best of my immekdse and ballet. Witney my hand and stat this the 28th dry of Much. 1997. aECORDERS MEMORANDUM All or p uu of the =ton chis memo stat etMflylfglbli totwlt&aoty ocaudtteon, 41803$3.3 j) r T Rama Crichton, R.P.L3.4446 Raman edam. hta+S RP.L,3. 4046 Austin Data Inc. GT ADI11232 WM 2001029443.004 ',, f. qt.• W i • t. D I 3 o 0 60 10 60 (/ • (,61 011 ,x .60,6z.o0 s7 ,88.644 M „SZ,861.00 S .OS / N311 ,66'644 3 „ 64, S4.I N N 11062 245.76 d' 0 a_w Z a( Wm U m O C7 U Z Y U 0 C OWNERS: TOM PITT FAMILY INVESTMENTS LP Cr 7 Cr m 10 0 z L.' F > Q w cc • 0) z m O Q z o w N w N Q > j W O w O O a O o o O w UQ a W Q w p Z Q 000 Q F Z Z W¢ O z G 0 o e SJ 3 a Y • 3 c't U i> ov Z z 0 a z o w U m F � .1 Y� Q 10 m w O O LL¢ a¢ w F w _ < z z ,L°' m¢ 01 O z W W O D 60 w m F z 0 F Z au 0 z 7 0 O m Q a w NUMBER OF LOTS BY TYPE: 2 ,'1000 0 001 '010,4 S z1118M D(709 0 1 INd 97 £5 Z 060(/57/Z L 60np NVfd100'6(0\SNV7d\H,ed ssaulsng 7 005005 000-5(0)056\ N CJ Er W Wcn U0 Oho 7- w vcn z ¢ W aM LLZ OQ a Z o_ O jw m X0 wF- J 3 0 2 1 w F0w 0 a 0 <0 0 w oo as 0< a 0 W 26' ASPHALT DR a0 a a as E T( w0 U W Z Z w Q U_ 0 z za 172 cnw xm w0 F- a z 00 J F- m i ao p a I-1 XIST. BLDG. CI U z L� Y 1-- W 0 O Zo-'Q � a. z oxmm QQ0a_ ash Z -1° w Z(n A0', co ▪ o¢ x W °W a g=-cr W Civ O Z >Ucr o±. 1Cr) '—cu) a. m 0 J O F o O OC W Z W U H - Z Ea m W F J W 0O) Wa0 LLv Z ✓ �alnyog p auI 'a\aid g z11aeM' L L 'Ad FC LLE OLOZ/9L/ZL BMP 311S-WI-13ad\S1191HX3\NJed ssauisn9 0 6ugaoa L00-9ZO\GVO\ ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY City Council Agenda Summary Sheet Agenda Item No. 9B1. Consider an ordinance zoning 6.22 acres of land to the Planned Unit Development (PUD) Agenda Caption: No. 87 zoning district. (First Reading) Meeting Date: January 13, 2011 Department: Planning and Community Development Staff Person making presentation: Peter Wysocki Planning and Community Development Director Item Summary: The 6.22 acre property and a contiguous area of an additional approximately 23 acres were annexed in May of 2009. The area has not been zoned, but the General Plan 2020 indicates residential land use. Adoption of the PUD would amend the General Plan 2020 for the property. The proposed development plan would allow light industrial uses on 1.90 acres located on the western portion of the property, which is currently developed with several metal buildings and associated gravel parking areas. The remainder of the property, 4.32 acres, would be utilized as a private special events venue. The venue would host uses such as weddings, private parties, family reunions, school and church events and a farmers market. Several existing buildings would be renovated and expanded to provide the appropriate facilities. A stone or brick wall and landscaping will be provided on the northern boundary of the property, between it and the adjacent single family neighborhood. The owner has contacted representatives of the neighborhood and has received no objections to the special events venue. Strategic Plan Relevance: Cost: Source of Funds: N/A N/A Date of Public Hearing (if required): Recommended Action: Public notice was posted and a public hearing was held in accordance with the City of Round Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on December 15, 2010. Approval - The Planning and Zoning Commission recommended approval of the ordinance at their meeting on December 15, 2010. EXECUTED DOCUMENT FOLLOWS 111111111111111 THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * 11 111111111 11 ORD 17 PGS 2011020208 I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. Z -11-01-13-9B1 which zones 6.22 acres of land to Planned Unit Development (PUD) No. 87. This ordinance was approved and adopted by the Round Rock City Council at a regular meeting held on 13th day of January and recorded in the City Council Minute Book 59. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 29th day of March 2011. Se/odt tetti± SARA L. WHITE, TRMC, City Secretary ORDINANCE NO. a' 4lw& I �� ‘% J AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132 (b)(1), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 6.22 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 87. WHEREAS, the City of Round Rock, Texas has recently annexed 6.22 acres of land, out of the Willis Donaho Survey, Abstract No. 173, in Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 15th day of December, 2010, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 87, and WHEREAS, on the 13th day of January, 2011, after proper notification, the City Council held a public hearing on the proposed original zoning, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 46-92 and Section 46-132, Code of Ordinances (2010 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: O:\wdox\SCClnts\0112\ 1104\MUNICIPAL\00210575.DOC/rmc Original Zoning Ordinance 6/06 I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 87 meets the following goals and objectives: (1) The development in PUD No. 87 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 87 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 87 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 87 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 87 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 46-132(b)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A", attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 87, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 87 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof 2 C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this Itil day of Alternative 2. 2011. READ and APPROVED on first reading this the day of READ, APPROVED and ADOPTED on second reading this the day of ATTEST: , 2011. SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 3 Exhibit CRICHTON AND ASSOCIATES LAND SURVEYORS 6448 HIGHWAY 290 EAST SUITE B-105 AUSTIN, TEXAS 78723 512-244-3395 FIELD NOTES FIELD NOTES FOR A 6.2159 ACRES TRACT OUT OF THE WILLIS DONAHO SURVEY ABSTRACT NO.173 IN WILLIAMSON COUNTY, TEXAS AND BEING THE SAME TRACT CONVEYED IN DOCUMENT NO. 2001029443, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Beginning at a 1/2" pin found on the West line of Lot 1, Block L of the Amending Plat of Lots 1, 3, 4, & 7, Block L, Estates at Settlers Park Section 3 Records of Williamson County, Texas also being the Northeast corner of an 8.21 acre tract conveyed to Julie and Kerry B. Morris in Document No. 2000031344, Official Public Records of Williamson County, Texas for the Southeast corner of this tract and the POINT OF BEGINNING. THENCE N 88° 55' 33" W with the North line of said 8.21 acre tract also being the South line of this tract passing the Northern terminus of Rocking J Road, as dedicated in Vol. 1473, Pg. 114, Official Records of Williamson County, Texas, and continuing with the North line of a 5.26 acre tract conveyed to Guerrero Maverick LLC, in Document No. 2006040124, Official Public Records, Williamson County, Texas, for a total distance of 1103.42 feet to a 1/2" pin found on the East line of Lot 1, Block E, of Settlers Overlook Section 2, a subdivision of record in Cab. AA, SI. 122, Plat Records, Williamson County, Texas. Said iron pin being the Northwest corner of the said Guerrero Maverick LLC tract and the Southwest corner of this tract. THENCE N 11° 06' 21" W with the East line of said Lot 1, Block E, also being the West line of this tract 245.76 feet to a 1/2" pin found for the Northwest corner of this tract. THENCE S 88° 54' 40" E with the South line of said Settlers Overlook Section 2, also being the North line of this tract 1152.84 feet to a 1/2" pin found on the West line of said Lot 1, Block L, of the Amending Plat of Lots 1, 3, 4, & 7, Block L, Estates at Settlers Park Section 3, for the Northeast corner of this tract and the Southeast corner of Lot 36, Block E of said Settlers Overlook Section 2. THENCE S 00° 28' 55" W with the West line of said Lot 1, Block L, also being the East line of this tract 239.88 feet to the POINT OF BEGINNING and containing 6.2159 acres more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground, under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal this the 28th day of March, 1997. Updated August 17, 2010 Merman Crichton, R.P.L.S. 4046 EXHIBIT „B„ DEVELOPMENT PLAN ROCKING J BUSINESS PARK & TURNING FORKS EVENTS CENTER PLANNED UNIT DEVELOPMENT NO. 87 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Tom Pitt Family Investments, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 6.22 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, the Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, pursuant to Section 46-106 of the Round Rock City Code, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on December 15, 2010, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: 1 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II.13 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.9, Code of Ordinances, City of Round Rock, Texas, 2010, as amended. 4. MISCELLANEOUS PROVISIONS 4.1.Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2.Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3.Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Round Rock City Code, as amended, hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 6.22 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4 . APPLICABILITY OF CITY ORDINANCES 4.1.Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by the Light Industrial (LI) or the General Commercial - Limited (C -1a) zoning district, as applicable and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2.Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 6. PERMITTED USES The following uses are permitted, as referenced on Exhibit "A". Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. 6.1. Parcel A (1.90 acres) (1) All uses allowed in the LI (Light Industrial) district. 6.2. Parcel B (4.32 acres) (1) Entertainment -oriented services: private special events venue with typical uses including, but not limited to: weddings, private parties, family reunions, school and church events, farmers market); (2) Caretaker residence; (3) Offices; (4) Place of Worship; (5) Accessory uses. 7. PROHIBITED USES 7.1. The following uses are prohibited. Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. (1) Pool halls, dance halls, flea markets 8. DEVELOPMENT STANDARDS 8.1. Signs (1) One (1) sign shall be permitted. Sign shall meet the following criteria: (a) The sign must be a monument sign, and constructed of stone, brick or other maintenance -free material. (b) Sign shall not exceed 100 square feet of total sign area. (c) The sign must primarily identify the business center on the 4 Property. (d) The sign may list the name of major business uses, provided that the letter size of these listings does not exceed 50 percent of the letter size of the area designation. (e) The sign may contain only the name of the area to be identified and a secondary list of major businesses. The sign shall not list tenants within buildings nor shall it contain any other form of advertising. (f) The design and construction of such signs must ensure compatibility with surrounding development. (g) The location of such signs must not restrict visibility at intersections. (h) Lighting is restricted to ground lighting only. (i) The Development Services Manager may permit the location of area identification signs on private property or on public property if the applicant obtains a license agreement from the City Council to utilize public right-of-way for this purpose. Where such license agreement is required, the Development Services Manager may conditionally approve such a sign location upon the approval of a license agreement by the City Council. Such conditional approval is null and void if a license agreement is not approved by the City Council within 60 days of the Development Services Manager's approval. Such conditional approval is not a commitment that the City Council will approve such license agreement. 8.2. Building Setbacks, Height and Exterior Finish (1) Parcel B (a) Existing buildings ("A", "13" and "C") as indicated on Exhibit "B", and any additions to these buildings, shall not be subject to the building setback requirements of the C -la (General Commercial - Limited) zoning district; Any new buildings on the site shall comply with the building setback requirement of the C -la (General Commercial - Limited) zoning district, as amended, with the exception of the caretakers residence, which shall have a setback of 20 feet from any property line; (b) Maximum height of principle buildings shall be two (2) stories; 5 (c) The exterior finish of existing buildings "A" and "B", as indicated on Exhibit "B", shall be a minimum of 50% stone or stucco, except for doors, windows and trim; The exterior finish of all other buildings shall be a minimum of 85% stone or stucco, except for doors, windows and trim. (d) Buildings shall not be subject to the orientation and architectural offset requirements of the Code, Section 46-142 (d)(4) and (6). 8.3. Wall and Landscape Buffer (1) Parcel B (a) A wall and a landscape buffer shall be installed and maintained along the northern property line, adjacent to the SF -2 (Single Family - Standard Lot) zoned property, as indicated on Exhibit (i) Wall shall be constructed of stone or brick with a cast -in-place structural footing. (ii) Wall height shall have a minimum height of six feet (6') and shall have a finished face on all sides. (iii) Construction details and/ or shop drawings for all walls must be included in the site development permit set. All construction details and shop drawings must be sealed by a civil engineer, structural engineer, landscape architect or architect. (iv) The existing fence along the northern property line, as indicated on Exhibit "B", shall be maintained. (b) The landscape buffer shall be based on the linear footage that extents along the length of the property line. The minimum quantity of landscaping shall be determined by the following requirements: (i) One large tree per 50 linear feet. One hundred percent of selected material shall be of an evergreen species (ii) One medium size tree per 30 linear feet. One hundred percent of selected material shall be of an evergreen species (iii) The distance between trees planted shall be no more than the 6 distance specified in this Section. Where a particular site opportunity exists, or where there is an unusual construction or site circumstance, the trees may be grouped in a manner that may not strictly comply with the terms of this section. In such cases, the tree grouping must provide an effective screening of the non-residential use, as determined by the City. 8.4. Off-street parking - Parcel "B" (1) The minimum off-street parking requirement for Parcel "B" shall be 70 spaces. The businesses on Parcel "B" have different hours of operation from those on Parcel "A" and therefore the Parcel "B" uses may share the parking spaces located on Parcel "A". (2) Parking area landscaping, as described in the Code, Section 46-195 (c) shall not apply. 9. TRANSPORTATION 9.1. The Transportation Services Director has waived the requirement for a Traffic Impact Assessment. 10. GENERAL PLAN 2010 This Development Plan amends the Round Rock General Plan 2010, which was adopted on July 22, 2010. 11. DEVELOPMENT PROCESS This Plan serves as the Concept Plan required by the Code and approval of this Plan substitutes as a Concept Plan approval. Utility, drainage and other infrastructure information required by the Code are not approved with the approval of this Plan. Subsequent review and approval by the City of this infrastructure information shall be necessary. As required by City Code, the Owner shall be required to complete the remaining steps in the City's development process. This may include subdivision platting and site plan review. The subdivision platting process includes a Preliminary Plat and a Final Plat. A site development plan must be approved. No site development plan approval on the Property shall be granted until a Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Review Committee. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, 7 telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. This requirement shall not apply to existing overhead lines. 13. CHANGES TO DEVELOPMENT PLAN 13.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 13.2. Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application. LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" PUD Parcels, Buildings and Landscape Features 8 • . EMT "iri4' CRtarroN AND ASSOC&A"rES "t wfitt3 StjRt(Y.CCRS ''i•- . . RQtiNQ R5;4=4,1003 7064 .. .`.. .312 7 5395 • • •r . FIELD NOTES 00, FIELD NOTES FOR A 6.2217 ACRES TRACT our OP THE Via= DOMED SURVEY Affi'1'RACCid0.173INWILLIAMSONCOUNTY. •-' TEXAS AND BEING -CH8 SAME TRACT CONVEYED IN VOLUME 1473 PAt7E`10S OFFICIAL RE DRDS OF if/F1iuAM90N C LINTY TEXAS. vimT tAGTIi to MOREPARTICULARLYDEXMXBED BY MEM AND BOUNDS As Fo1L i cr •�» Deeming at tr lir pin Voted on the West that of a true vatnc;ed to H. ) phea In Volume 296 Ng* 521 Useilibitissisqt'Ci/IIItsinswi Comity, Team also bolos ekeNortheast corner ofa19•6S act= tract corocycd to DOW loses et. rpt. bt Vokune 1613 Paso 615 Ottidal Records of Wflkameon County, Tem for aha Sootheara corner of thk tract tad the PORNTOF�SPO1N 11W. THENCE NW S4 44 W with the North Ike afraid 19Ac5 sac uat sato bang the South line of this tract passing a SO' • being a LI3S sac tract shown as a sate and carept tract In VoMome t613 page 613 Official Records of scent Coosa y Tem 1103.60Ieet to a 112' pin found on the Eau line of a 78.158 sat tract eett9aped to Dillard in Vohtgte 1390 Page 799 Of&fat Recotria of W87tatoson Candy. Teas siaa bring the Northwest corner of odd acrc tract tbr•thoater tr e Southwest ammo( this Out. ,�.jy� THENCE!' II' 06' 2t' VT Oh the Est Nae of said 78.158 acre tract also belt; tho West arae adds tract 243.76 las to z Ur On found tor Sit Interior cA corner.Asild 73.156 rase tract sad the Northwest corner et this tract. . WO • • TITENcE6 WS4'40"EwththeSouth8neofutd78.158acretractshobeiagthe14orthliceoCthis tract )152.99 feet to a lir pit fotmd oe the West Una of said Kfphcnn pact for the Northeast comer of this • taut sad the Southeast corner of said 78.138 sae but. 1461 TREK E 27 W sviitt the WertEoeofodd Molten Tract also bolos theEast line ofthistract 440.19 feet to the mom OF BEGINNING and eontsining 62217 nares mote or Itis. 1 hereby oerdfy !bat the toretoleg !kid aoustterta presrued from a surrey on the amund, under n' supervision and are Ime sitd metal to tete ben of my laaa{edge and ballet, Witness my hand and seat this the 78th dry o1 March. 1997. OCORDERS MEMORANDUM Ari or puts of the tact on this page etas not chnly ltgibls tot midway aacardation, tads - R7 4130.3834,3 t✓ Raman Cticbtan, R.P.L.S. 40 6 Rennase Crichton, R.P.E.,3. 4046 Austin Data Inc. GT ADI11232 WM 2001029443.004 11 1..• • • i • • I.. • K \CAD1028-601 Rockng J Business Park \PLANS1028-001PLAN dwg, 12/27/2010 2 53 36 PM 1 1 68224 Wael\z & Prete Inc D Schuler 23 O n 0O 0 00m C Z 13 m r - <n CO z D Z1 :•.M ..IZ.90./( N ,9L 54Z 2 a / m 70." v N N 1'35'29" E 239.99' — — 5 00'28'25" W 239.88" (s 00'29'09'. w 240 14) m RECORDERS MEMORANDUM All or pans of the text on this page was not clearly legible for satisfactory recordation. 1 m 0 m z 0 g 0 w w Z za z zQ 2 w CO m X0 LUF MASONRY WA LU Q LL wcn CC 0 U ° 77, x aCC •zrw F 0< CC O w Q� U w CO u_ Z J m ro o \y 0z Ow 0 H U m -o 0 <m z a LU U w Z Z w Q LLQ 0 z Za co_ in X w0 4 w 6' ASPHALT DR CS- 6- _ 0 w a o U o 0 o d o Lcp 0 m co (7z o0 J CO 0 < O a a a O 0Q a a PRELIMINARY BUSINESS PARK CIVIL ENGINEERS G G —J U U 1- z U N 0 G Ja1,,PS p Oul alaJd 8 z11aeM L d VE EL f OLOZ/91./ZL 'fimp 311S-W11321d\SIIBIHX. \,0d Ssauisn9 r 6,01008 1.00-8Z0(0V0\ N